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Decision on the Appeals of Mr William Sa~Onfirmation of Charges Pursuant to Article 61(7)(a) and (b) of the Rome Statute

Decision on the Appeals of Mr William Sa~Onfirmation of Charges Pursuant to Article 61(7)(a) and (b) of the Rome Statute

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Published by Dennis Itumbi

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Published by: Dennis Itumbi on May 24, 2012
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05/24/2012

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Cour
PénaleInternationaleInternationalCriminal
Court
Original: English
No.
ICC-01/09-01/11 OA3 OA4Date: 24 May 2012THE APPEALS CHAMBERBefore:Judge Akua Kuenyehia, Presiding JudgeJudge Sang-Hyun SongJudge Sanji Mmasenono MonagengJudge Erkki KourulaJudge Anita UsackaSITUATION IN THE REPUBLIC OF KENYAIN THE CASE OF THE PROSECUTORv.WILLIAM SAMOEI RUTO,HENRY KIPRONO KOSGEY
AND
JOSHUA ARAP SANGPublic documentDecision
on
the appeals
of
Mr William Samoei Ruto
and Mr
Joshua Arap Sangagainst the decision of Pre-Trial Chamber
II of
23
January 2012 entitled"Decision
on
the Confirmation
of
Charges Pursuant to Article 61(7)(a)
and
(b)
of
the Rome Statute"
No:
ICC-01/09-01/11 OA3 OA4
1/17
ICC-01/09-01/11-414 24-05-2012 1/17 EO T OA3 OA4
 
Decision to be notified in accordance with regulation 31 of the Regulations of theCourt to:The Office of the Prosecutor Counsel for William Samoei RutoMs Fatou Bensouda, Deputy Prosecutor Mr Kioko Kilukumi MusauMr Fabricio Guariglia Mr David HooperCounsel for Joshua Arap SangMr Joseph Kipchumba Kigen-KatwaMr Joel Kimutai BosekLegal Representatives of VictimsMs Sureta GhanaREGISTRYRegistrarMs Silvana Arbia
No:
ICC-01/09-01/11 OA3 OA4 2/17
/6
ICC-01/09-01/11-414 24-05-2012 2/17 EO T OA3 OA4
 
The Appeals Chamber of the Intemational Criminal Court,In the appeals of Mr William Samoei Ruto and Mr Joshua Arap Sang, pursuant toarticle 82 (1) (a) of the Statute, against the decision of Pre-Trial Chamber II entitled"Decision on the Confirmation of Charges Pursuant to Article 61(7)(a) and (b) of theRome Statute" of
23
January 2012 (ICC-01/09-01/11-373),After deliberation.Renders unanimously the following
DECISION
The appeals are rejected.
REASONSI. PROCEEDINGS BEFORE THE PRE-TRIAL CHAMBER
1. On 30 August 2011, Mr Ruto and Mr Sang filed the "Defence Challenge toJurisdiction"' (hereinafter: "Joint Defence Challenge to Jurisdiction"), submitting that
ly
the Court should decline to exercise jurisdiction over their case. Mr Ruto and MrSang challenged the interpretation of the term 'organizational policy'^ as a componentof crimes against humanity under article 7 (2) (a) of the Statute, which the Pre-TrialChamber had adopted, by majority. Judge Kaul dissenting, in its "Decision Pursuantto Article 15 of the Rome Statute on tilie Authorization of an Investigation into theSituation in the Republic of Kenya""^ (hereinafter: "Article 15 Decision") and which ithad reiterated. Judge Kaul dissenting, in its "Decision on the Prosecutor's Applicationfor Summons to Appear for William Samoei Ruto, Henry Kiprono Kosgey and JoshuaArap Sang"^ (hereinafter: "Summons to Appear Decision"). Moreover, they submittedthat "irrespective of whether one accepts the [minority or majority's interpretation of'organizational policy'], or an altemative test, the facts on which the Prosecution
^
ICC-01/09-01/11-305.
^
Joint Defence Challenge to Jurisdiction, paras 9, 83.
^
Joint Defence Challenge to Jurisdiction, paras
10-61.
^
ICC-01/09-19-Corr, dated 31 March 2010 and registered on
1
April 2010.^ 8 March
2011,
ICC-01/09-01/11-01.
No:
ICC-01/09-01/11 OA3 OA4 3/17
A$
ICC-01/09-01/11-414 24-05-2012 3/17 EO T OA3 OA4

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